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{
    "id": 1326483,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1326483/?format=api",
    "text_counter": 229,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "For example, once we conclude debate on this particular Report, it is expected that it is the resolution of the people of Kenya through their representatives. Therefore, when we make recommendations, they should have the full force of law. I say that because I have taken time to read. Perhaps, this is more on the Secretariat, but also Members. This is because as Members of committees, you are not illiterate people. You are literate and fully aware of what each English word means. I do not appreciate the fact that the language of many of our reports, not just this particular one, continues to be, \"the Committee recommends\" \"the Committee did this.\" That is pale and opaque. We are the only institution that can make provision with the force of law. It is my sincere hope that each time we bring Committee reports to this House, we shall have more far-reaching recommendations. I hope the Secretariat and Members are listening. We should make a decision and say that the Senate or particular committee instructs the Directorate of Criminal Investigations (DCI) to do the following. When you recommend to somebody, they can choose to ignore your recommendations. I do not appreciate this language that our committees continue to use in our reports yet they are well elaborate recommendations. If you read the name of the officers, for example, who looked the other way, there is clear act of omission on the part of the county security team in Kilifi County. All those officers are listed. However, what is the recommendation of the Committee? Let me get that particular part and read it because I had marked it out: “The Committee recommends that the National Police Service (NPS) Commission should severely sanction security officers whose acts of commission or omission aided or abetted the Shakahoula tragedy within 30 days of adoption of this Report by the Senate. This shall include the following 11 officers - Joseph Kemboi, Charles Kamau, or Solomon Odera, Agbaso Guracha, and others”. However, I do not appreciate the fact that we appear to be giving suggestions. Sen. Mungatana, you carried out an investigation and you have established for us in the report. Anybody reading this Report appreciates that what you are saying is true. That, there was an act of omission on the part of these particular officers. I do not see a reason why, as a House of Parliament, we cannot make the necessary final recommendations. Despite the fact that as Parliament, we may not have the powers to prosecute, this is a matter that we should conclude on and send the file directly to the Directorate of Public Prosecution (DPP). If there are any further details that need to be tied down, that is their business. It is my belief that as Parliament, we need to act. Sen. Mungatana, you have said that NPS should sanction, yet earlier in the Report you have shown us that the only punishment being given to them is a transfer. This is what I want us to reflect on deeply and think about each time we make these recommendations. Senators listened to me this morning state that there is no institution in this country, not even the Cabinet has the power that we as legislators have. Each time we deal with matters as serious as this, let us interact and think about it. The same can be"
}